If you have been arrested and charged with DUI in Pennsylvania, it is important to know your rights. Before anything, keep in mind that you have the right to challenge the results of a breath test. A DUI conviction can have serious consequences, so it is important to understand your potential defenses.
The arresting officer did not have probable cause
Usually, an officer will not have probable cause to pull you over unless he or she observes a traffic violation. For instance, if you are speeding, swerving, or driving erratically, an officer may have probable cause to believe that you are DUI. If the officer did not have probable cause to stop you, then any evidence obtained as a result of the stop (including a breath test) may be suppressed.
The breath test was not administered properly
If the arresting officer did not follow the proper procedures for administering a breath test, then the results of the test may be inaccurate. For instance, if the officer did not calibrate the machine properly or didn’t wait the required 20 minutes before administering the test, then the results may be inaccurate.
You have a medical condition that caused a false positive
There are various medical conditions that can cause a person to have a false positive on a breath test. For instance, if you have acid reflux or GERD, you may have a higher level of alcohol in your breath even if you haven’t been drinking. If you think this may be the case, you may win your case.
The breath test machine was not working properly
If the breath test machine was not working properly, then the results of the test may be inaccurate. For instance, if the machine malfunctioned in some way, the results may not be accurate.
Keep in mind that this is just a brief overview of some of the potential defenses to DUI. If you have been charged with DUI, it is important to understand which defenses may apply to your case. If you’re able to prove that the results of the breath test were inaccurate, you may be able to get your DUI charges dismissed.